The International Court of Justice in the Hague will begin deliberations Thursday on the lawsuit by South Africa against Israel on charges of "genocide" over the course of the war in Gaza.
Ahead of the deliberations, Prime Minister Netanyahu published a video statement in English in which he clarified several points for the court.
“Israel has no intention of permanently occupying Gaza or displacing its civilian population. Israel is fighting Hamas terrorists, not the Palestinian population, and is doing so in full accordance with international law,” he wrote on X.
Israel will be represented in court by Professor Malcolm Shaw, a British expert on international law, human rights, and territorial arbitration, with extensive experience in international cases.
Israel has also invoked its right to add a judge of its own to the existing panel, and has chosen former Supreme Court Chief Justice Aharon Barak for the role.
The Hostages’ Families Headquarters has also sent a delegation to take part in the deliberations today and tomorrow.
The lawsuit filed by South Africa claims, among other things, that “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group,” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention. Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide.” It also claims that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”
The lawsuit requests “the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court,” and that “the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention,” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”
The lawsuit is based on alleged statements of senior Israeli officials, along with Cabinet ministers and members of Knesset. It also cites singers Kobi Petetz and Eyal Golan, cleaning they represent the spirit of the leadership.
A hearing of this sort has never been held regarding Israel in the Hague, and there have been no similar cases brought in the past.
The United Nations describes the court as the organization's central judiciary. The court makes its rulings according to international law and has the authority to hear cases between member states of the United Nations. The authority to hear cases between states is predicated on the consent of the state being sued.
The court is made up of 15 judges from different states, and includes representatives from the following countries: the United States of America, France, Japan, Germany, Australia, Slovakia, Brazil, Jamaica, India, Uganda, China, Somalia, Russia, Lebanon, and Morocco.
The judges are chosen by the General Assembly and Security Council of the United Nations, and hold their position for 9 years.